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2.3 Demos. If the SOFTWARE is labelled as "Demo" then, notwithstanding other sections of
this EULA, your use of the SOFTWARE is limited to use for demonstration, test, or
evaluation purposes and you may not resell, or otherwise transfer for value, the SOFTWARE.
2.4 Upgrades. If the SOFTWARE is labelled as an upgrade, you must be properly licensed
to use a product identified by Schwarz as being eligible for the upgrade in order to use the
SOFTWARE. A SOFTWARE labelled as an upgrade replaces and/or supplements (and may
disable) the product that formed the basis for your eligibility for the upgrade. You may use
the resulting upgraded product only in accordance with the terms of this EULA. If the
SOFTWARE is an upgrade of a component of a package of software programs that you
licensed as a single product, the SOFTWARE may be used and transferred only as part of
that single product package and may not be separated for use on more than one
COMPUTER.
2.5 Trademarks. This EULA does not grant you any rights in connection with any trademarks
or service marks of Schwarz.
2.6 Support Services. Schwarz may provide you with support services related to the
SOFTWARE ("SUPPORT"). Use of SUPPORT is governed by the Schwarz policies and
programs, in "online" documentation, and/or in other Schwarz-provided materials. Any
supplemental information provided to you as part of the SUPPORT shall be considered part
of the SOFTWARE and subject to the terms and conditions of this EULA. With respect to
technical information you provide to Schwarz as part of the SUPPORT, Schwarz may use
such information for its business purposes, including for product support and development.
3.TERMINATION. Without prejudice to any other rights, this EULA shall automatically
terminate if you fail to comply with the terms and conditions hereof. You may also terminate
this EULA at any time. Upon the termination of this EULA for any reason, you must
immediately cease all use of the SOFTWARE and destroy all copies of the SOFTWARE and
all of its component parts.
4. WARRANTY AND DISCLAIMER.
4.1 Limited Warranty for Software Products. Schwarz warrants that (a) the SOFTWARE will
perform substantially in accordance with the accompanying written materials for a period of
sixty (60) days from the date of your receipt of the SOFTWARE, and (b) any SUPPORT
provided by Schwarz shall be substantially as described in applicable written materials
provided to you by Schwarz, and Schwarz support engineers will make commercially
reasonable efforts to solve any problem issues. This Limited Warranty is void if failure of the
SOFTWARE has resulted from accident, abuse, or misapplication. Some states and
jurisdictions do not allow limitations on duration of an implied warranty, so the above
limitation may not apply to you. This warranty gives you specific legal rights. You may also
have other rights, which vary from state to state. To the extent allowed by applicable law,
implied warranties on the SOFTWARE, if any, are limited to sixty (60) days.
4.2 CUSTOMER REMEDIES. In the case of any defective SOFTWARE, Schwarz and its
suppliers' entire liability and your exclusive remedy shall be, at Schwarz's option, either (a)
that you may return the SOFTWARE, along with a copy of your receipt, to Schwarz for a full
refund of the price you paid for such SOFTWARE, if any, or (b) that Schwarz will repair or
replace the SOFTWARE upon its return to Schwarz with a copy of your receipt. Any
replacement SOFTWARE will be warranted for the remainder of the original warranty period
or thirty (30) days, whichever is longer.
4.3 DISCLAIMER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
SCHWARZ AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND
CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,